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CHAP. IV

from the person to whom the same shall be granted, the amount of said license; which amounts, as respectively received by him, shall be paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New York, for the use of said society.

S 4. In case any manager or proprietor of any theatre, Penalty for circus, or building, garden or grounds, for exhibiting theatri- out license. cal or equestrian performances, shall open, or advertise to open, any theatre, circus, or building, garden or grounds for any such exhibition or exhibitions in said city, without first having obtained a license therefor as is provided for by this act, or the act hereby amended, it shall and may be lawful for the said society for the reformation of juvenile delinquents in the said city, to apply to the chancellor of this state, or the vice-chancellor of the first circuit, for an injunction to restrain the opening thereof, until they shall have complied with the requisitions of this act, and the act hereby amended, in obtaining such license, and also complying with such order as to costs, as the said chancellor or vice-chancellor may deem just and proper to make; which injunction may be allowed upon a bill or petition, to be exhibited in the name of the said society, in the same manner as injunctions are now usually allowed by the practice of the court of chancery.

5. Any injunction allowed under this act, may be served Notice of by posting the same upon the outer door of the theatre, or how to be

given, circus, or building wherein such exhibitions may be proposed to be held, or if the same shall be in a garden or grounds, then by posting the same at, or on, or near the entrance way to any such place or exhibition ; and in case of any proceeding against the manager or proprietor of any such theatre, circus, or building, or garden or grounds as aforesaid, it shall not be necessary to prove the personal service of the injunction, but the service herein before provided shall be deemed and held sufficient.

CHAP 143.
AN ACT to authorize the establishment of a House of
Refuge for juvenile delinquents in Western New York.

Passed May 8, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. The governor of the state of New York, by and with Commisthe consent of the senate, shall, during the present session of select site. the legislature, appoint three commissioners for the purpose of selecting a suitable site on which to be erected “The Western House of Refuge for juvenile delinquents;” and the said commissioners shall, within four weeks from the time of their appointment, proceed to examine and determine upon

PART IV.

Fifteen managers to be appointed.

To be divided into three classes.

made, and also any other damages which the state may sustain by the breach of the condition of such bond.

S 10. The governor, lieutenant-governor and comptroller shall appoint, by writing, under their hands and seals, fifteen discreet men, who shall act as managers of the house of refuge, established by virtue of this act, and who shall, on the acceptance of their respective appointment, perform the duties required of them by virtue of this act, without any compensation for their services.

$ 11. The said managers shall be divided by the officers appointing them, into three classes of five each, and the class to which each of such managers shall belong, shall be set forth in the certificate of their appointment. The terms of office of the first class shall expire on the first Tuesday in February, in the year succeeding their appointment; of the second class on the first Tuesday in February in the next year thereafter; and of the third class, on the first Tuesday in February in the succeeding year. Whenever vacancies shall occur in the said board of managers, such vacancies shall be filled by the governor, with the consent of the senate; and the terms of office of such managers shall be such, that they shall hold their office for the term of three years, as near as may be; and that the terms of office of one-third thereof, shall expire on the first Tuesday of February in each year. Such managers shall have power to make all such rules, regulations, ordinances and by-laws for the government, discipline and management of said house of refuge, and the inmates and officers

thereof, as to them may appear just and proper. Managers to appoint

$ 12. The said managers shall appoint a superintendent of superinten- the said house of refuge, and such other officers as they may

deem necessary for the interest of the institution, with a view to the accomplishment of the object of its establishment, and economy of its management; and the said managers shall make a detailed report to the legislature of the performance of their duty, on or before the fifteenth day of January in

dent, &c.

each year.

Children to be received when legally

$ 13. The said managers and superintendent shall receive

and take into the said house of refuge, all male children under committod. the age of eighteen years, and all female children under the

age of seventeen, who shall be legally committed to the said house of refuge as vagrants, or on a conviction for any criminal offence by any court having authority to make such commitments; the said managers shall have power to place the said children committed to their care, during the minority of such children, at such employments, and cause them to be instructed in such branches of useful knowledge as shall be suitable to their years and capacities; and they shall have power, in their discretion, to bind out the said children, with their consent, as apprentices or servants, during their minority, to such persons and at such places, to learn such proper trades and employments, as in their judgment will be most for the

apply.

reformation and amendment, and the future benefit and advan- CHAP. IV. tage of such children: provided, that the charge and power of the said managers upon and over the said children, shall not extend, in the case of females, beyond the age of eighteen years, or in the case of males, beyond the age of twenty-one years.

S 14. All and singular the clauses and provisions contained part of in the fourth title of chapter eight of the second part of the Statutes to Revised Statutes, relating to the covenants to be inserted in the indentures of apprentices and servants, made by the overseers of the poor, shall apply to the apprentices and servants, and the person to whom they may be bound, under and by virtue of this act.

S 15. Whenever the said house of refuge shall, in the opin- Duplicate ion of the commissioners authorized to be appointed by the to be made third section of this act, be in readiness for the reception of house is persons committed thereto, the said commissioners shall make, inished. under their hands and seals, duplicate certificates thereof, one of which they shall transmit by mail to the governor of this state, and the other of which they shall cause to be filed in the office of the clerk of the county in which such house of refuge shall be situated. The governor, on receiving such Duty of certificate, shall make an order designating the counties which governor. shall thereafter be authorized to send juvenile delinquents to the said house of refuge, and shall file the certificate of such commissioners, and his said order, in the office of the secretary of state. The said secretary of state shall transmit by of secretary mail to the first judge and county clerk of each of the counties designated in said order, a certified copy of such certifieate and order.

S 16. From and after the time of making such order, the Duty of courts of criminal jurisdiction of the several counties designat- criminal ed in such order, shall sentence to such house of refuge every

jurisdiction male under the age of sixteen years, who shall be convicted before such court of any felony; the said courts, and the several magistrates of the said counties, may in their discretion sentence

to said house of refuge, any such male who may be convicted before them of any petit larceny, and the courts and magistrates of the county where such house of refuge may be located, may also, in their discretion, send to said house of refuge, any such male who may be convicted before them as & vagrant.

As amended by Laws of 1852, ch. 387, and by Laws of 1850, ch. 304. S 17. For the purpose of reimbursing to the general fund Eurpanne of the moneys advanced therefrom under

the provisions of this house now act, the comptroller shall, on or before the first day of June bursed. Dext, apportion to and among the several counties in this state, in proportion to the corrected aggregate valuations of the real and personal estate of such counties, in the year one thousand eight hundred and forty-five, the said sum of twenty-two thousand dollars, and the interest thereon, from the

PART IV. time of the advance thereof, on the said first day of June, to

the first day of April then next; and the board of supervisors of the several counties in this state shall, at their next annual meeting, cause the sum so apportioned to their counties respectively, to be levied and collected upon the taxable property of their counties, in the manner that other state and county taxes are collected. The said moneys, when collected, shall be paid to the county treasurers of such counties, and such county treasurers shall, immediately on the receipt thereof, pay over the same to the treasurer of this state, and take his receipt therefor, and shall then procure such receipt to be

countersigned by the comptroller. Repeal as $ 18. All provisions of existing laws requiring the courts of

any of the counties which shall be named in the order to be made by the governor, under the provisions of the fifteenth section of this act, to sentence persons to the house of refuge in the City of New York, shall be from and after the making of the said order, repealed so far as the same relates to the counties named in the said order, and shall be inconsistent with the provisions of this act.

respects certain countiee.

On conviction,

CHAP. 24.
·AN ACT in relation to juvenile delinquents.

PASSED February 26, 1850; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. From and after the passage of this act, it shall be the duty of the several courts having criminal jurisdiction, and who shall hold courts within the limits of the fourth, fifth, sixth, seventh, and eighth judicial districts of this state, to

order all juvenile delinquents by them respectively sentenced, Where sent. to be removed (and all such delinquents convicted in the first,

second and third judicial districts shall be ordered by such court to be removed to and confined in the House of Refuge established by the Society for the reformation of juvenile delinquents in the city of New York,) to the “Western House of Refuge for juvenile delinquents” in the city of Rochester.

S 2. All convicts under the age of seventeen years who under 17 years of age

shall be confined in the Auburn or Clinton prisons, and

who shall hereafter be ordered by the inspectors of state priWhere sent sons to be removed to a House of Refuge, shall be removed

to said “Western House of Refuge" in the city of Rochester under the same regulations and conditions as is contained in the ninety-first, ninety-second and ninety-third sections of the act entitled “An act for the better regulation of the county and state prisons of this state, and consolidating and amending the existing laws in relation thereto,” passed December 14, 1847.

Conviction

CHAP. IV.

$ 3. All acts, and parts of acts inconsistent with the pro- Repeni. visions of this act, are hereby repealed.

CHAP. 332.
AN ACT to incorporate the New York Juvenile Asylum.

PASSED June 30, 1851; three-fifths being present.
The People of the State of New York, represented in Senate
and Assembly, do enact as follows:
S 1. Robert B. Minturn, Myndert Van Schaick, Robert M. Trustees

and title. Stratton, Solomon Jenner, Albert Gilbert, Stewart Brown, Francis R. Tillou, David S. Kennedy, Joseph B. Collins, Benjamin F. Butler, Isaac T. Hopper, Charles Partridge, Luther Bradish, Christopher Y. Wemple, Charles O'Conor, John D. Russ, John Duer, Peter Cooper, Appollos R. Wetmore, Frederick S. Winston, James Kelly, Silas O. Herring, Rensselaer N. Havens, John W. Edmonds, and their associates, are hereby constituted a body corporate by the name of “New York Juvenile Asylum," and by that name shall have the powers which, by the third title of the eighteenth chapter of the first part of the Revised Statutes, are declared to belong to corporations; and shall be capable of taking by purchase or devise, holding and conveying any estate, real or personal, for the uses and purposes of said corporation; but such real estate shall not exceed the yearly value of twenty thousand dollars, nor be applied to any other purposes than those for which this corporation is created.

S2. The objects of this corporation are to receive and take Object. charge of such children, between the ages of seven and fourteen years, as may be voluntarily entrusted to them by their parents or guardians, or committed to their charge by competent authority, and provide for their support; and to afford them the means of moral, intellectual, and industrial education.

As amended by Laws of 1854, ch. 387. S 3. The estate and concerns of said corporation shall be Board of managed and conducted by a board of directors, of which board, the mayor and presidents of the boards of aldermen and assistants, and of the board of governors of the almshouse and prison department, of the city of New York, for the time being, shall be ex officio members, in addition to twenty-four other persons herein after provided for, which board of directors shall perform the duties required of them by virtue of this act, without any compensation for their services; and the twenty-four persons named in the first section of this act, shall constitute a part of the first board of directors, and shall be divided by lot into three classes of eight each; and the first class shall hold their offices respectively until the second Monday of January, which shall be in the year

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